Effective Date: February 20, 2017
BY ACCESSING OR USING THE WEB SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE WEB SITE.
CITIZENSOUTPOST RESERVES THE RIGHT, AT ANY TIME, WITHOUT NOTICE, AND AT ITS SOLE DISCRETION, TO UPDATE OR MODIFY THIS AGREEMENT BY POSTING SUCH CHANGE, UPDATE, OR MODIFICATION ON THE WEB SITE. ANY SUCH UPDATE OR MODIFICATION WILL BE EFFECTIVE IMMEDIATELY UPON POSTING.
ANY MATERIAL (REALLY IMPORTANT) CHANGES TO THIS AGREEMENT WILL ONLY APPLY PROSPECTIVELY. YOUR CONTINUED ACCESS OR USE OF THE WEBSITE AND/OR ANY SERVICES OR FEATURES OFFERED ON THE WEBSITE MEANS THAT YOU ACCEPT ANY MODIFICATIONS TO THIS AGREEMENT.
CITIZENSOUTPOST also may in its sole discretion and at any time discontinue providing the Website or services available through the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or Content, or your User Content under any provision of this Agreement, may be effected without prior notice to you, and you acknowledge and agree that CITIZENSOUTPOST may bar any further access to the Website, including CitizensOutpost content and your User Content. Further, you agree that CITIZENSOUTPOST shall not be liable to you or any third-party for any termination of access to the Website.
NOTE: THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH CITIZENSOUTPOST. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
- OWNERSHIP OF CONTENT AND INTELLECTUAL PROPERTY
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and content (Content) published on the Website is protected by applicable intellectual property laws and is either owned, licensed or reproduced under creative commons license by CITIZENSOUTPOST or its licensors. CITIZENSOUTPOST grants you a limited right to access and use the Website. You may not modify, create a derivative work, display, distribute, perform publicly, or in any way exploit, in whole or in part, any of CitizensOutpost content or software contained on, or comprising, the Website without seeking prior written permission from CITIZENSOUTPOST. You are also restricted from using any automated or manual device or process to copy, monitor, index or data mine the Website. CITIZENSOUTPOST, its respective logos, trade dress, and the graphics and layout of the Website are the registered and/or unregistered service marks, trademarks, and/or trade dress of CITIZENSOUTPOST and may not be copied, imitated or used, in whole or in part, without CITIZENSOUTPOST’s prior written permission. All other trademarks, product names, and company names or logos mentioned on the Website are the property of their respective owners.
CITIZENSOUTPOST reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that CITIZENSOUTPOST shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.
- USER CONDUCT
By accessing and using the Website, you agree that you will: (i) comply with all applicable local, state, national, and international laws and regulations that govern your use of the Website; and (ii) provide truthful and accurate information about your identity if you choose to register on the Website.
You also agree that you will NOT:
- disrupt or interfere with the security or accessibility of the Website or any services offered in connection with the Website;
- transmit any obscene or otherwise objectionable User Content, viruses or other harmful files, or any type of unsolicited mass email through or in connection with the Website;
- reproduce, duplicate, copy, sell, resell, use or exploit any portion of the Website for a commercial purpose, unless specifically authorized by CITIZENSOUTPOST;
- attempt to gain unauthorized access to the Website.
- defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- use racially, ethnically, or otherwise offensive language.
- use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- post anything that exploits children or minors
- post anything that depicts cruelty to animals.
- post any copyrighted or trademarked materials without the express permission from the owner.
- disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- use any robot, spider, scraper or other automated means to access the Site.
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- alter the opinions or comments posted by others on this Site.
- use the Site for unintended purposes or trying to change the behavior of the Site;
- attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempt to interfere with service to any user, host or network including, but not limited to, by way of submitting a virus to , or overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; or
- take any action that may otherwise harm, disrupt or overburden the Site, or harm another user of the Site.
This list of prohibitions provides examples and is not complete or exclusive. CITIZENSOUTPOST reserves the right to (a) terminate access to your account, your ability to post to this Website and (b) refuse, delete or remove any User Content with or without cause and with or without notice, for any reason or no reason, or for any action that CITIZENSOUTPOST determines is inappropriate or disruptive to this Website or to any other user of this Website. CITIZENSOUTPOST may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, CITIZENSOUTPOST will cooperate with law enforcement agencies in any investigation of alleged illegal activity.
III. CHILDREN UNDER 13
The Website is not directed to children under 13, and CITIZENSOUTPOST does not knowingly collect or solicit personally identifiable information from or about children under 13. If we discover that we have received any personally identifiable information from a child under 13, we will delete such information from our servers and records promptly.
- Copyright Infringement Notification
CITIZENSOUTPOST respects the intellectual property rights of others. If you believe that the Website contains Content or material that infringes a copyright you own, you may file a Notification of Claimed Infringement (“Notification”) with our designated Digital Millennium Copyright Act (DMCA) agent as specified below:
To be effective under the DMCA, the Notification must be a written communication sent to CITIZENSOUTPOST’s designated agent and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of CitizensOutpost copyright owner;
- Identification of CitizensOutpost copyrighted work claimed to be infringed;
- Identification of the material that is claimed to be infringing in sufficient detail for CITIZENSOUTPOST to be able to identify the claimed infringing material;
- Contact information for CitizensOutpost complaining party, such as an address, telephone number, and email address;
- A statement that CitizensOutpost complaining party has a good faith belief that use of the material in the manner identified is not authorized by CitizensOutpost copyright owner, its agent, or the law; and
- A statement that the information in the Notification is accurate, and under penalty of perjury, that CitizensOutpost complaining party is authorized to act on behalf of CitizensOutpost copyright owner.
Upon receipt of a valid Notification from a copyright owner, which contains all of the required information described above, CITIZENSOUTPOST will remove or disable access to the material contained on the Website that is alleged to be infringing.
- Counter Notification
If material or content that you have created, developed, or posted has been removed or disabled by CITIZENSOUTPOST after it receives a Notification meeting the requirements described above, you may ask that CitizensOutpost content be restored by sending CITIZENSOUTPOST a Counter Notification. CitizensOutpost counter Notification must include substantially all of the following:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. CITIZENSOUTPOST requests that complete URLs for each instance of the affected material be provided;
- A statement that the information in CitizensOutpost counter Notification is accurate, and under penalty of perjury, that CitizensOutpost complaining party is authorized to act on behalf of CitizensOutpost copyright owner; and
- Your name, address and telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which CITIZENSOUTPOST may be found, and that you will accept service of process from the person who provided CitizensOutpost copyright infringement Notification or an agent of such person.
After receipt of a valid Counter Notification meeting the requirements described above, CITIZENSOUTPOST is required to:
- Promptly provide the person who provided the Notification with a copy of CitizensOutpost counter Notification, and inform that person that CITIZENSOUTPOST will replace the removed material or cease disabling access to it in 10 business days; and
- Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of CitizensOutpostunter Notification, unless CITIZENSOUTPOST’s designated copyright agent first receives notice from the person who submitted the Notification that such person has filed an action seeking a court order to restrain the other user from engaging in infringing activity relating to the material on CITIZENSOUTPOST’s system or network.
- ADVERTISING AND PROMOTIONS
Third parties not affiliated with CITIZENSOUTPOST may also offer contests, sweepstakes, or promotions on the Website. If you choose to correspond with, order or pay for goods and services, or participate in contests, sweepstakes, or promotions offered by third parties, there will be other terms, conditions, warranties or representations that will apply. You agree that CITIZENSOUTPOST shall not be responsible or liable for any loss or damage of any sort related to your dealings with such third parties.
- INDEMNIFICATION/ DISCLAIMER OF WARRANTIES AND LIABILITY
You agree to indemnify and hold CITIZENSOUTPOST, its subsidiaries, affiliated companies, officers, directors, shareholders, predecessors, successors interest, agents, employees, partners and licensors, harmless from and against any claim, demand, loss, liability, or expense, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Website, your access or use of the Website, your violation of this Agreement, or your violation of any rights of a third party.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. CITIZENSOUTPOST DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED BY THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CITIZENSOUTPOST PROVIDES NO WARRANTY WITH RESPECT TO THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, OR RELIABILITY OF THE WEBSITE OR CITIZENSOUTPOSTNTENT PROVIDED ON THE WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CITIZENSOUTPOST BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR LOSS OF THE DATA CONTAINED WITHIN THE WEBSITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, CITIZENSOUTPOST’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
VII. VIOLATION OF THIS AGREEMENT; TERMINATION OF ACCESS
You agree that CITIZENSOUTPOST may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to CITIZENSOUTPOST, for which monetary damages would be inadequate, and you consent to CITIZENSOUTPOST obtaining any injunctive or equitable relief that CITIZENSOUTPOST deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies CITIZENSOUTPOST may have at law or in equity.
CITIZENSOUTPOST may disclose any information we have about you if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) CITIZENSOUTPOST’s rights or property, or the rights or property of visitors to or users of the Website, including CITIZENSOUTPOST’s customers.
If CITIZENSOUTPOST does take any legal action against you as a result of your violation of this Agreement, CITIZENSOUTPOST will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to CITIZENSOUTPOST. You agree that CITIZENSOUTPOST will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of this Agreement.
You are granted a limited, revocable, non-exclusive right to create a hyperlink to the Website on CitizensOutpost condition that the link does not portray CITIZENSOUTPOST in a false, misleading, derogatory or otherwise defamatory manner.
IX. LINKS TO THIRD PARTY WEBSITES
The Website may contain links to other websites owned or operated by non-affiliated third parties. CITIZENSOUTPOST is not responsible for CitizensOutpost content provided by or privacy practices of these other websites. When you visit such websites – even if you get there by clicking on links provided on this Website – this Agreement no longer applies. CITIZENSOUTPOST is not responsible for your access to and use of such linked websites, including the use of your personal information by such linked websites.
X. FAIR USE
CITIZENSOUTPOST publishes excerpts and summaries from copyrighted works under Fair Use, which allows the use of copyrighted materials for purposes of commentary and criticism for the public interest. CITIZENSOUTPOST transforms summaries of the original copyrighted work into a new format and adds new information and value in the form of commentary or criticism.
XI. GOVERNING LAW
This Agreement shall be governed in accordance with the Federal Arbitration Act, the laws of the State of Delaware, and applicable federal laws, without regard to choice or conflict of law provisions. Except for disputes subject to arbitration as described above, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Wilmington, Delaware for resolution of any disputes arising out of or relating to this Agreement or your use of the Website.
XIII. WAIVER AND SEVERABILITY OF UNENFORCEABLE PROVISIONS
If CITIZENSOUTPOST does not exercise or enforce any right under this Agreement, it doesn’t mean that it waives such right. Likewise, if a court holds that any portion of this Agreement is unenforceable, that portion shall be deemed severable from rest of this Agreement and the fact that it is unenforceable will not affect the validity and enforceability of the remaining provisions.
XIV. OPINION DISCLAIMER; NO AGENT RELATIONSHIP
The views expressed in the articles labeled “Opinion” on this domain are those of the authors alone. They do not represent the views and opinions of CITIZENSOUTPOST, or its staff.
XV. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and CITIZENSOUTPOST with regard to your use of the Website. Any and all other written or oral agreements or understandings previously existing between you and CITIZENSOUTPOST with respect to your use of the Web Site are hereby superseded and canceled. CITIZENSOUTPOST will not accept any counter-offers to this Agreement, and all such offers are hereby categorically rejected.
If you have any questions about this Agreement, please contact us by e-mail at:
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE
Last Updated: October 30, 2017.